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Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5317356 09/20/14 08:18 PM
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As a landowner in that situation, it is up to you to legally to enforce your rules . A written contract with your hunter is the best tool for reinforcement.


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Re: Will Game Warden Enforce Landowner's Rules [Re: kyle1974] #5317364 09/20/14 08:27 PM
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Originally Posted By: kyle1974
JCB is exactly right...

if the hunter only had permission to shoot one deer, then he did break the law because he "poached" the second deer.

He only broke the landowners law. Not a state law.

Re: Will Game Warden Enforce Landowner's Rules [Re: don k] #5317375 09/20/14 08:37 PM
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Originally Posted By: don k
Originally Posted By: kyle1974
JCB is exactly right...

if the hunter only had permission to shoot one deer, then he did break the law because he "poached" the second deer.

He only broke the landowners law. Not a state law.


Some landowners have backhoes!!! up


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Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5317385 09/20/14 08:50 PM
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What's disconcerting is that this question was ever asked.

Re: Will Game Warden Enforce Landowner's Rules [Re: JCB] #5317386 09/20/14 08:51 PM
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Originally Posted By: JCB
Originally Posted By: Russ79
I believe what Double Naught said is true. The landowner can't sue for the value of the deer because they don't belong to him. What many folks don't realize is that when you lease a property to hunt you are actually just paying a trespass fee to the landowner that allows you the legal right to be on the property. The most the landowner can do is revoke that right and kick you off the place.


Do me a favor........go purchase a "cull" hunt on one of the big name ranches. When a 200" B&C steps out there go ahead and ground check him and see what happens. While you are at it go ahead and bust you a second buck as well. After all...........all he can do is tell you to leave right???


If it wasn't in the fine print then yes all he could do is ask you to leave, but we all know that wouldn't be the case on most ranches. Just a regular ol lease then yes maybe they don't have all the proper documentation and all they could do is not renew your lease. In the 1st scenario are we talking HF, LF or BT? stir

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5317529 09/20/14 10:49 PM
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Very interesting what if? Small claims court is the only thing I can think of. Me, I would lock the gate while he is still inside and call the Sheriff Dept. and have them come out and explain to me my options.

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5317563 09/20/14 11:06 PM
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I would think a Game Warden would steer clear of a civil matter, if for nothing else just to keep himself out of a possible complaint.


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Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5317776 09/21/14 01:03 AM
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A game warden has no legal authority to enforce anything other than state law. That said, he could very easily tell the l.o. of the rule infraction, but he cannot file charges for such an infraction.


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Re: Will Game Warden Enforce Landowner's Rules [Re: LandPirate] #5317797 09/21/14 01:19 AM
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Originally Posted By: LandPirate
A game warden has no legal authority to enforce anything other than state law. That said, he could very easily tell the l.o. of the rule infraction, but he cannot file charges for such an infraction.


This is exactly correct. In JCB's scenario, a GW has no say in the matter, unless it's in a one buck county. That's a civil case between land owner/hunter.


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Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5319900 09/22/14 02:31 PM
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5 more days and hopefully we'll have better threads than this one stir

grin


Originally Posted by East...
Originally Posted by East...
I will get off in a little bit

You shouldnt have said that
Re: Will Game Warden Enforce Landowner's Rules [Re: TxDispatcher] #5320089 09/22/14 04:16 PM
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Originally Posted By: TxDispatcher
5 more days and hopefully we'll have better threads than this one stir

grin
I don't know, you are in on it.

Re: Will Game Warden Enforce Landowner's Rules [Re: don k] #5320271 09/22/14 05:57 PM
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Originally Posted By: don k
Very interesting what if? Small claims court is the only thing I can think of. Me, I would lock the gate while he is still inside and call the Sheriff Dept. and have them come out and explain to me my options.



Kidnapper!!!!!!!!

Re: Will Game Warden Enforce Landowner's Rules [Re: Trout-killer] #5320308 09/22/14 06:29 PM
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Originally Posted By: Trout-killer
Originally Posted By: don k
Very interesting what if? Small claims court is the only thing I can think of. Me, I would lock the gate while he is still inside and call the Sheriff Dept. and have them come out and explain to me my options.



Kidnapper!!!!!!!!
Just doing what needs to be done.

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5320381 09/22/14 07:26 PM
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Assuming no local/state/federal laws were broken. The only civil matter would be breach of contract. If the penalties are not clearly defined in a contract, the LO could sue in civil court for compensatory and punitive damages. The plaintiff (LO) would be subject to the burden of proof. They would have to prove the hunters agreed to certain limits and then exceeded those limits. He would also have to prove the value of the lost commodity. It would then be up to the jury to award an amount based on the evidence presented.

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5321160 09/23/14 02:03 AM
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what if the judge hunts low fence and hates high fence and ruled in your favor

Re: Will Game Warden Enforce Landowner's Rules [Re: decook] #5321625 09/23/14 12:17 PM
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Originally Posted By: decook
I would think a Game Warden would steer clear of a civil matter, if for nothing else just to keep himself out of a possible complaint.


yep... breach of contract is civil... might he be tapped to make a statement if suit if filed. If he actually knows the land owner he might, but what are the odds...


Sombody smells like fried borritos...
Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5321704 09/23/14 12:58 PM
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Folks worry about some wild stuff.

Re: Will Game Warden Enforce Landowner's Rules [Re: trjscout] #5321717 09/23/14 01:09 PM
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Originally Posted By: trjscout
what if the judge hunts low fence and hates high fence and ruled in your favor
Then the land owner is SOL. But if he judge is a HF owner then the hunter may get the book thrown at him.

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5342283 10/05/14 04:00 AM
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it is the illusion of knowledge.--Stephen Hawking
Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5342394 10/05/14 11:20 AM
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You shoot a deer without landowners permission and you are poaching, period.

Re: Will Game Warden Enforce Landowner's Rules [Re: Aim Small] #5342423 10/05/14 12:07 PM
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Originally Posted By: Aim Small
You shoot a deer without landowners permission and you are poaching, period.
I may be wrong but poaching may not be the best word to use for what was done.

Re: Will Game Warden Enforce Landowner's Rules [Re: Treinta-Treinta] #5342813 10/05/14 05:16 PM
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Originally Posted By: Treinta-Treinta
Folks worry about some wild stuff.


if you ever invited someone to your place to shoot does, pigs, or maybe even an "8 pointer", and they come back to camp with a 172" 4 year old deer that was strictly off limits, you'd be worried too.

Re: Will Game Warden Enforce Landowner's Rules [Re: BenBob] #5343070 10/05/14 07:55 PM
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scratch U meens land owners have more power than state confused2 have learned some of the tricks land owners use. here, it been 1buck only county for years. tried geting a doe permit, was told not enough deer. last few years its legal to take 4 deer in this county. why it jumped ta 4 deer confused2 guess a bonus for knocking down the hog problems land owners complain about. rofl i try keep open mind. if i'd killed 4legal deer & neighbor killed 4, & so on hmmmm a doe at best has triplets, far as i know, usualy twins, half may survive before hunting season. & i'm not gonna put down a hunter if he takes 4 deer, he pays for his hunting licence just like i did. back flag

Last edited by colt.45; 10/05/14 07:58 PM.


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Re: Will Game Warden Enforce Landowner's Rules [Re: kyle1974] #5343173 10/05/14 08:29 PM
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Originally Posted By: kyle1974
Originally Posted By: Treinta-Treinta
Folks worry about some wild stuff.


if you ever invited someone to your place to shoot does, pigs, or maybe even an "8 pointer", and they come back to camp with a 172" 4 year old deer that was strictly off limits, you'd be worried too.

that's a high $$$$ rack their. does the bigger rack taste better for grillen than a 100" rack flag



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Re: Will Game Warden Enforce Landowner's Rules [Re: Double Naught Spy] #5346629 10/07/14 05:46 PM
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Originally Posted By: Double Naught Spy
Quote:
As others have already said it is not the GW duty to enforce land owner rules. However just because he cant enforce the rules that does not mean that the land owner cant take legal action against you. For example: If you sign a contract with the lease rules stating you can only shoot 1 buck and you shoot 2 bucks then the land owner can still file a lawsuit against you to try to recoup the value of the extra buck you took. Just because you might not break any laws that still does not protect you from legal action if you break the rules.


What is the basis for being able to sue for the value of property that is not yours? The buck is owned by the state, not you as the landowner. I would think that all that you could recoup is the lease fee amount.


There are civil laws and state felonies in place, the landowner has recourse.


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